P. v. Barragan
Jose Luis Barragan was sentenced to three consecutive 15-year-to-life prison terms in counts one through three, and four consecutive eight-year prison terms in the remaining counts, after a jury found him guilty of three counts of aggravated sexual assault of P.C., a child (Pen. Code, 269, subd. (a)(1)[1]; counts one through three), two counts of forcible oral copulation of P.C. ( 288a, subd. (c)(2); counts four and six), and two counts of forcible rape of P.C. ( 261, subd. (a)(2); counts five and seven). On appeal, he sought relief on the grounds that the trial court (1) failed to hold a Marsden[2]hearing while criminal proceedings were suspended to determine his competency, (2) erred when it struck his once in jeopardy plea to counts one through four, (3) erred when it admitted his voluntary confession because he was not given a sufficient Miranda[3]warning, (4) erred when it instructed the jury with CALJIC No. 2.70, which defines confession and admission, (5) erred when it failed to instruct the jury, sua sponte, on unlawful sexual intercourse with a minor ( 261.5, subd. (d)) and nonforcible oral copulation ( 288a, subd. (a)(1)) as lesser included offenses, and (6) erred in imposing aggravated terms on counts four through seven. We affirmed the judgment. (People v. Barragan (Feb. 10, 2006, F046353) [nonpub. opn.].)The following pages set out, first, the facts and the discussion of all issues but the sentencing issue (verbatim from our original opinion) and, second, the discussion of the sentencing issue after remand from the United States Supreme Court. The judgment is affirmed.
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